AWADHESH PANDEY Vs. BASHISHTHA PANDEY

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 26.2.1996 passed by the Executive Magistrate, Bagha by which he has declared the possession over the disputed land in favour of opposite party nos 2 to 4 and has restrained the petitioners to interfere with the peaceful possession of the opposite party over the disputed land.

(2.) BRIEF facts of the case are that a proceeding under section 144 of the Code of Criminal Procedure (in short &aposthe Code&apos) was initiated with regard to 1 Bigha 13 Katha and 14 Dhurs land Khata No. 117 on the instance of opposite party no. 1 which was later on converted into a proceeding u/s Section 145 of the Code. Show cause was filed by both the parties. The case of opposite party nos. 2 to 4 is that the disputed land belongs to one Bachan Raut who was Khatiyani Raiyatot the land. Opposite Party no. 2 obtained the land from Bachan through the registered gift deed dated 27.7.77. On the basis of the said gift deed the land was mutated in the name of Basudeo Raut and Sanjai Raut and Jamabandi No. 586 was opened in their name. They have been paying rent for which receipt is also being granted to them. Earlier also a proceeding under Section 144 of the Code was started on the instance of opposite party no. 1 which was decided in favour of opposite party nos. 2 to 4.

(3.) ON appreciating of the evidence adduced on behalf of the parties and also documents the learned Magistrate has held that opposite party nos. 2 to 4 were in possession over the disputed land.